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madmare
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31-01-2011, 09:39 PM

Questions about Legal affairs on Someones Death.

When somebody dies, can a member of the family just go in and remove all the stuff and furniture and money etc and put the house up for sale even before the funeral?
I thought there was legal processes to go through and nothing could be touched until the will was read, but I may be wrong.
Also when relating to the death and funeral is a will read?
What happens if only one member of the family knows who the solicitor is and doesn't notify them of the death so the will can't be read, because they know it won't go in thier favour and they just take everything?
Don't worry I havn't lost anybody but I know somebody who has lost thier grandmother, and the grandmother had said she had left this grandchild a hefty chunk of thier will as they were thier dead fathers eldest child, but the living sister of the dead father has already removed and taken everything and making out she is the only one to inherit as she is next of kin.
Does anyone know the ins and outs of all this please?
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hayleybella
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31-01-2011, 09:42 PM
Pretty sure nothing can be done AT ALL till Probate has been obtained?

http://www.direct.gov.uk/en/Governme...on/DG_10029799
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rune
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31-01-2011, 09:46 PM
Has to go to probate and there has to be an announcement in local paper and another one ---can't remember which. Asking for other claims etc. I'd suggest a soliciter for the grandchild---lots do half hours for free.
Forgot---you can get an injunction to stop her.
rune
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galty
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04-02-2011, 01:18 PM
If the estate is below a certain amount.

YES

It used to be £4000
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Helena54
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04-02-2011, 01:29 PM
I've got it in my head for some reason that anybody can read anybody's will so long as that person is already dead???!! Don't ask me why and I could be wrong, but I think that is the case?

I also think by law, the funeral directors have to put something in the paper OR the solicitor has to, so either way, you can find out the solicitor's by either reading the notice in the paper or by going to the funeral directors to find out WHO exactly is the solicitor. Nobody can stop anybody doing this I'm almost certain.
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ClaireandDaisy
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04-02-2011, 03:35 PM
The best thing would be to take the concerns to the solicitor handling the will.
If property has been taken wrongly the person concerned will need to repay it.
By rights, nothing should be done till Probate is granted, because the estate may go to pay expenses and debts before the money can be passed on.
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borderladysue
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04-02-2011, 03:45 PM
We obtained a copy of an old great aunts will it cost £5, i think my cousin got it from something? house, sorry old age and thought process not to good, what the hell was the name of the place, Ah was it records house, you apply on line.
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madmare
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04-02-2011, 03:47 PM
Its not known who the solicitor is that has the will and its not even known if that solicitor has been informed of the death.
There was a piece put in the paper about the funeral but only a very small local paper and that was done by said person who has removed all the stuff. It was only by chance that it was noticed by somebody totally unrelated who happened to mention it.
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Helena54
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04-02-2011, 04:35 PM
Probate doesn't happen when there is a will and there isn't a large amount of money, I do know that much, because when mum died, she left a will and there was hardly any money left, so although her bank account was frozen at the time, because there was no need for probate, all I had to do was produce her death certificate, show them the will and then I could deal with her account (and pay all the funeral bills).

I suggest she contact CAB, they will tell her exactly how she goes about getting a copy of that will, or they might know a way of finding out exactly who that solicitor might have been. Is it still Somerset House that keeps all the copies of wills, birth certificates etc.? I think they've changed the name now though

What about that tv programme on BBC in the mornings, where they locate all those people who have been left money in wills? That's some kind of Govnt body isn't it, maybe it's worth contacting them to see if this person's name comes up somewhere? Either way, if those people weren't entitled to do what they did, they'll be in big trouble!
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Trouble
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04-02-2011, 05:32 PM
Does anyone know that there is definitely a will in existance ? Even if there is it doesn't have to be lodged with a solicitor.
A will reading is a bit of a rarity tbh.
Have a look here to get a better idea of what goes on.

http://www.hilliershrw.co.uk/pdf/HHR...et_2010_10.pdf
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